[2021] KEHC 2690 (KLR)
The court declined to make a determination on the issues raised because the allegations were not supported by affidavit evidence and the trial court record did not reflect the alleged improprieties. The judge held that it would be improper to decide the matter without first hearing from all parties and having the...
Source-derived case information.
- Citation
- [2021] KEHC 2690 (KLR)
- Parties
- Applicant: Ummi Nechesa Wanga; Respondent: Director of Public Prosecutions; Respondent: Melisa Nechesa Osanya alias Ummi Nechesa Wanga
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E047 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Preliminary Application for Directions
- Outcome
- Mention date set for directions; no substantive orders issued.
- Judges
- DN Musyoka
- Legal Topics
- Criminal Revision Procedure, Bond Terms, Witness Protection, Trial Court Conduct
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ummi Nechesa Wanga
Applicant
Director of Public Prosecutions
Respondent
Melisa Nechesa Osanya alias Ummi Nechesa Wanga
Respondent
Procedural Posture
Criminal Revision / Ruling on Preliminary Application for Directions
Legal Issues
- 1 Whether the trial court properly handled the prosecution counsel and the advocate watching brief for the complainant.
- 2 Whether the bond terms imposed by the trial court were appropriate.
- 3 Whether the hearing dates set by the trial court were suitable.
Ratio Decidendi
The court declined to make a determination on the issues raised because the allegations were not supported by affidavit evidence and the trial court record did not reflect the alleged improprieties. The judge held that it would be improper to decide the matter without first hearing from all parties and having the facts properly placed on record, possibly through the filing of affidavits. The matter was therefore set down for mention to give directions on its disposal.
Court Disposition
Mention date set for directions; no substantive orders issued.
Orders
- Matter set down for mention on 29th November 2020 before the duty judge for directions on disposal.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL REVISION NO. E047 OF 2021
UMMI NECHESA WANGA................................................ APPLICANT
VERSUS
DIRECTOR OF PUBLIC PROSECUTIONS...........1ST RESPONDENT
MELISA NECHESA OSANYA
alias UMMI NECHESA WANGA............................2ND RESPONDENT
RULING
1. These proceedings were sparked off by a letter that I received from Omwando Mbaka & Co. Advocates, dated 14th July 2021, with respect to proceedings that had been conducted in Kakamega CMCRC No. E1158 of 2021.
2. The issues raised touch on the manner in which the trial court handled the prosecution counsel and the Advocate watching brief for the complainant. There are also complaints about the bond terms imposed by the court, and unsuitability of the dates given for hearing. There are also concerns about witness protection.
3. The claims made against the court are not founded on any affidavit, but a letter. They are not allegations on oath. Of course, the record of the trial court has no minute of whatever is alleged, for the court recorded the plea, placed the accused on bond and allocated a date for hearing. I cannot, therefore, determine the matter, one way or the other, without first of all hearing from the parties on the issues. There may also be need for filing of affidavits to have the alleged facts properly placed on record.
4. The matter shall accordingly be set down for mention, with a view to have directions given on disposal. Mention shall be on 29th November 2020, before the Judge, who shall be handling the criminal cause list for that day.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 29TH DAY OF OCTOBER 2021
W MUSYOKA
JUDGE